NSW Introduces Australian-First Law To Protect Unborn Babies

New South Wales has just imposed stricter punishments for those who cause the loss of an unborn child through a crime.

According to 7 News, ‘Zoe’s Law’ came into effect at midnight (March 30) and will see people face five to 28 years in prison if they kill an unborn child but the mother survives.

However, if the unborn baby is killed due to the mother dying, the defendant will serve an additional three years in prison.

Attorney-General Mark Speakman announced that NSW is the first state to punish stand-alone crimes for ‘causing the loss of a fetus’.

Prior to this law, if a pregnant woman lost her child through the cause of a crime, it was classified as an injury to the mother; however, this new law creates a separate charge for killing the fetus.

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In addition to the new legislation, grieving families will also be able to claim a one-off $3,000 payment to receive counselling and support services.

Mr Speakman also added: “No law can ever repair the harm and distress caused in these circumstances, but these reforms better acknowledge the heartbreak suffered by families and hold offenders more appropriately to account through stronger sentences.” 

The law was introduced to parliament after Brodie Donegan lost her unborn daughter, Zoe, at 32 weeks when she was hit by an intoxicated driver in 2009.

In November last year, Donegan said the proposed law needed to pass as there was no recognition under the eyes of the law that addressed the suffering endured from these crimes.

“It just didn’t seem fair,” she said.

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“I just couldn’t reconcile how Zoe was listed with ... my broken bones and there wasn’t sort of ... any acknowledgement of what we actually lost.”

Though Donegan acknowledges nothing can fix the loss of a child, she hopes the new law will allow parents to receive some form of justice while holding criminals accountable.

“I thank the Attorney-General and the NSW Government for their commitment and acknowledgment of the tragedy, loss and importance of legal recognition.

"Nothing will replace Zoe, nor will it replace the grief experienced by families in the future impacted by tragedies such as this.

“However, this law will go a long way in terms of recognition that anyone who commits a criminal act causing the loss of an unborn child will be held accountable, the loss will count and be recognised at law.”